How to become a South Carolina Notary

To become a South Carolina notary public, a person must meet all of the requirements listed below:

Be a registered voter in South Carolina

Be able to read and write the English language

Submit an application containing no significant misstatement or omission of fact

Qualifications:

In order to receive a South Carolina notary public commission, a person must:

Meet the eligibility requirements

Properly complete a notary application and take the oath of office before a notary

Be endorsed by at least ˝ of the delegates to the state legislature from the applicant’s county, or by the state senator and representative from the district in which the applicant resides, or by the chairman or secretary of the county legislative delegation signing on a local legislator’s behalf.

Mail the notary application along with a $25.00 check or money order to the appropriate county delegation for the required signatures. The delegation office will forward the filing fees and application to the Secretary of State.

Within 15 days after the notary is commissioned, enroll his or her commission with the Clerk of Court in the county where he or she resides, along with a $5 filing fee.

Optional. A notary public is liable to any person for damages that result from his or her official misconduct. The American Association of Notaries recommends that South Carolina notaries insure themselves against claims of negligence through Errors and Omission insurance.

There are no automatic renewals or reminders. When reapplying, notaries must send their application at least 8-12 weeks prior to the commission expiration date. The renewal process is the same as the initial registration process, including the $25 fee.

Education/Testing:

None Required.

South Carolina Notary Stamp/Notary Seal:

Type—embosser or rubber-inked stamp

Shape—circular or rectangular

Required elements--name of the notary public, the words “notary public,” and “State of South Carolina.” The notary’s commission expiration date may appear in the notary’s stamp or seal or elsewhere in the notarial certificate.

Record Book:

None Required. It is strongly recommended by the South Carolina Secretary of State and the American Association of Notaries that South Carolina notaries public record every notarial act in a notary record book. For South Carolina notary supplies, please contact the American Association of Notaries by calling (800) 721-2663 or visiting our website at www.usnotaries.com.

Notary Fees:

Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:

Acknowledgments - $5 per signature

Oaths or affirmations - $5 per person

Jurat - $5 per signature

Witnessing a signature - $5 per signature

Verification of fact - $5 per certificate

Note: Travel fee allowed. The notary must inform the customer of non-notarial fees before traveling (i.e., travel fees) and must separate those fees from notarial fees. A notary who charges a fee for his notarial services must display conspicuously in his place of business, or present to each principal outside his place of business, an English language schedule of fees for notarial acts.

Authority:

A South Carolina notary public has the authority to:

Take acknowledgments

Take oaths and affirmations

Perform attestations and jurats

Witness signatures

Taking verifications of fact

Perform marriage ceremonies

Conduct any other acts authorized by law

Electronic Notarization:

The State of South Carolina has not enacted/adopted statutes, rules, and/or procedures for electronic notarizations.

Address Change:

Required. The notary must notify the Secretary of State in writing within 45 days of his or her address change. Mail the Change of Status form along with a $10.00 fee to update your address on your commission. To download the Change in Status Form, go to http://www.sos.sc.gov/forms/Notary/ChangeInStatus.pdf.

Name Change:

Required. The notary must notify the State within 45 days after his or her legal name changes. Submit the Change of Status form along with a $10.00 fee for such changes. To download the Change in Status Form, go to: http://www.sos.sc.gov/forms/Notary/ChangeInStatus.pdf.

Death/Resignation/Removal:

If a notary dies during the term of commission, the notary’s personal representative shall notify the Secretary of State of the death in writing. A notary who resigns his or her commission shall submit to the Secretary of State a Change in Status Form indicating the effective date of resignation. In both circumstances, the notary must, as soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused.

Prohibited Acts:

A notary public may not:

Prepare, draft, select, or give legal advice concerning documents if the notary is not an attorney

Claim to have powers, qualifications, rights, or privileges that are unauthorized by law

Use the term “notario publico” or any equivalent non-English term in any business card, advertisement, notice, or sign

Perform a notarial act without requiring the physical presence of the signer or subscribing witness

Perform a notarial act without properly identifying the signers

Perform a notarial act if the notary is a signer of, party to, or beneficiary of the record that is to be notarized

Notarize an incomplete document

Notarize a document without a notarial certificate

Notarize a document that contains blanks

Postdate or predate notarizations

Notarize his or her own signature

Certify or authenticate a photograph or photocopy

Execute a notarial certificate that is not written in the English language

Certify vital public records

Notarize outside of South Carolina

Criminal Liability:

A notary may be sued for official misconduct. If a notary is guilty of a misdemeanor, upon conviction, he or she may be fined not more than $500 or imprisoned for not more than thirty days. The court in which the notary is convicted shall notify the Secretary of State within ten days after the conviction, which will result in the revocation of the notary’s commission.

A notary who commits one of the following acts is guilty of a misdemeanor:

Performing a notarial act before taking the oath of office

Taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the notary

Taking a verification or proof without the subscribing witness appearing in person before the notary

Taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal

Taking a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness

Taking an acknowledgment, verification, or proof or administering an oath or affirmation that the notary knows to be false or fraudulent.